Notice of Nonconformance Sample Clauses

Notice of Nonconformance. If the Client observes or becomes aware of any errors or omissions or inconsistencies in any documents provided by the Landscape Architect or any fault or defect in the Project, the Client shall promptly give written notice thereof to the Landscape Architect.
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Notice of Nonconformance. BUYER shall give prompt written notice to ENGINEER of any fault or defect in the Work. BUYER shall provide ENGINEER with a written notice of the fault or defect, setting forth all basis for its claim. ENGINEER’s sole and exclusive liability shall be to re-perform the specific applicable portion of its Services to the extent required to correct any defects or non-conformances solely caused by ENGINEER. ENGINEER is not responsible for the ultimate cost or production throughput, (including production quantity, quality of performance, or characteristics of ultimate end products) of any Project which may incorporate the Services. ENGINEER is not responsible for any other corrective construction, redesign, "rip and tear", dismantling, removal, reinstallation, re-fabrication, replacement costs, reconstruction or repair. ENGINEER DISCLAIMS, AND BUYER WAIVES, ANY OTHER EXPRESS, STATUTORY OR IMPLIED WARRANTIES OR GUARANTEES WITH RESPECT TO THE SERVICES OR ANY DELIVERABLES, INCLUDING FOR ANY INTENDED OR SUBSEQUENT USE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. BUYER WAIVES AND RELEASES ENGINEER FROM ANY OTHER LIABILITY FOR THE WORK, WHETHER BASED ON NEGLIGENCE OR FAULT OF ANY PERSON, AND WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE RELATING TO THE SERVICES OR THIS AGREEMENT.
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Notice of Nonconformance. FSL shall promptly notify Spansion in writing whenever FSL has reason to believe that the Assembly and Test Services may not conform to the Specifications, and upon Spansion’s request, both Parties agree to discuss and agree on the means to address the problem.
Sample 1
Notice of Nonconformance. If PRAECIS delivers a Notice of Nonconformance to XXXXXX indicating that a Batch does not conform to the Product Requirements, then XXXXXX will investigate such alleged non-conformity, and: (a) if XXXXXX agrees such Batch is non-conforming, deliver to PRAECIS a corrective action plan within *** after receipt of PRAECIS' Notice of Nonconformance, or such additional time as is reasonably required if such investigation or plan requires data from sources other than PRAECIS or XXXXXX; or (b) if XXXXXX disagrees with PRAECIS' determination that the Batch is non-conforming, then XXXXXX shall so notify PRAECIS by telephone within the *** period and confirm such notice in writing by overnight delivery. CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS (*) DENOTE SUCH OMISSIONS. 14
Sample 1
Notice of Nonconformance. Acutus shall inspect the Coating Materials received from Biotectix within thirty (30) days after its receipt thereof. If, upon such inspection, Acutus believes that Coating Materials do not conform to the Coating Material Specifications, Acutus shall notify Biotectix within such thirty (30) days after receipt of Coating Materials. No claim for non-conformance of the Coating Materials shall be honored if Acutus fails to notify Biotectix within that thirty-day period of such non-conformance. Notwithstanding the foregoing, Acutus shall have an ongoing right to reject any Coating Materials after such thirty day period for defects that would not have been readily discoverable from a reasonable inspection or review of the Coating Materials, including any defect determined in accordance with Paragraph 7.c, provided that Acutus notifies Biotectix within fifteen (15) business days after discovery of such defect and the defect occurs within the Shelf Life period specified for the Coating Material. In the event Acutus wishes to reject Coating Materials, Acutus shall send Biotectix a sample of the alleged nonconforming Coating Materials. Subject to the foregoing, Acutus has the right to reject any portion of any shipment that does not conform to the Coating Material Specifications (without invalidating the remainder of the order), provided that such nonconformance was not the direct result of specific written instructions and/or material supplied by Acutus to Biotectix. If Biotectix does not agree with Acutus’ determination regarding non-conformance of the Coating Materials, then after reasonable efforts to resolve the disagreement (but in all cases, within thirty (30) days of Acutus providing notice of rejection), the dispute shall be submitted for determination by an independent laboratory/expert mutually selected by the parties and the decision of such independent laboratory/expert shall be final and binding on the parties with respect to whether there was non-conformance. Biotectix shall provide the independent laboratory/expert access to the Coating Material Specifications, provided that such independent laboratory/expert shall not provide such Coating Material Specifications to Acutus, provide information regarding the chemical composition of the Coating Material to Acutus, or provide information regarding the chemical composition of the SurModics Reagents to Acutus or Biotectix. The costs of the independent laboratory/expert’s fees and the prevailing party’s ou...
Sample 1
Notice of Nonconformance. FSL shall promptly notify Spansion in writing whenever FSL has a good faith reasonable basis to believe that the Wafers may not conform to the Specifications, and upon Spansion’s written request, both Parties shall discuss in good faith the means to cure such nonconformance.
Sample 1
Notice of Nonconformance. A written report issued by Engineer in the event Engineer finds improper work or substandard workmanship in connection with the Task Order.
Sample 1
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Related to Notice of Nonconformance

  • Notice of Non-Compliance If for any reason the Contractor does not comply, or anticipates that it will be unable to comply, with a provision in this Schedule in any respect, the Contractor must promptly notify the Province of the particulars of the non-compliance or anticipated non-compliance and what steps it proposes to take to address, or prevent recurrence of, the non-compliance or anticipated non-compliance.

  • Notice of Non-Renewal Consultant understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Consultant under this agreement be supplemented or continued by Consultant under a new agreement following expiration or termination of this agreement. Consultant waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Consultant following the expiration or termination of this agreement.

  • Notice of Defects If, based on Consulting Engineer/Architect's involvement during the construction phase, Consulting Engineer/Architect observes or otherwise becomes aware of any defect in the work, he shall give prompt written notice to City of such defects and their approximate location on the Project. However, Consulting Engineer/Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions, inspections and programs in connection with the work, since these are solely the Contractor's responsibility under the contract for construction. Consulting Engineer/Architect shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the Contract Documents. Consulting Engineer/Architect shall not have control over or charge of acts or omissions of the Contractor, Contractor's subcontractors, or their agents or employees.

  • Notice of Material Event The Seller shall promptly inform the Purchaser in writing of the occurrence of any of the following, in each case setting forth the details thereof and what action, if any, the Seller proposes to take with respect thereto:

  • Notice of Complaints Each Seller shall promptly notify the applicable Purchaser upon becoming aware of any complaint concerning any Serviced Appointment made by any party to the Serviced Corporate Trust Contracts, any Securityholder, any Credit Enhancement Provider or any rating agency.

  • Notice of Material Events Promptly upon becoming aware thereof, notice of any other event or circumstances that, in the reasonable judgment of the Borrower, is likely to have a Material Adverse Effect; and

  • Notice of Completion The Interconnection Customer shall notify the Transmission Provider and the Interconnected Transmission Owner in writing when it has completed construction of (i) the Customer Facility;

  • SERVICE OF NOTICE Service of notice on the Contractor that there has been breach of any warranty or guaranty will be sufficient to invoke the terms of this article;

  • Notification of notice of prepayment The Agent shall notify the Lenders promptly upon receiving a prepayment notice, and shall provide any Lender which so requests with a copy of any document delivered by the Borrowers under Clause 8.5(c).

  • Notice of Impositions Lessor shall give prompt Notice to Lessee of all Impositions payable by Lessee hereunder of which Lessor at any time has knowledge, provided that Lessor’s failure to give any such Notice shall in no way diminish Lessee’s obligations hereunder to pay such Impositions, but such failure shall obviate any default hereunder for a reasonable time after Lessee receives Notice of any Imposition which it is obligated to pay during the first taxing period applicable thereto.

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